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ARTICLE · 18 FEBRUARY 2010

Bunker Oil Pollution Ordinance

Mayer Brown
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Hong Kong has recently enacted the Bunker Oil Pollution (Liability and Compensation) Ordinance. Under this Ordinance, shipowners will be held liable for the damage arising from contamination caused by the discharge or escape of bunker oil from ships or in respect of a threat of such damage.

Hong KongEnvironment
Geoffrey Chan
Geoffrey Chan
Felicia Lee
Felicia Lee
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Originally published 1 February 2010

Keywords: Bunker Oil Pollution Ordinance, liability, compensation, shipowners, damage, contamination

Hong Kong has recently enacted the Bunker Oil Pollution (Liability and Compensation) Ordinance. Under this Ordinance, shipowners will be held liable for the damage arising from contamination caused by the discharge or escape of bunker oil from ships or in respect of a threat of such damage. That said, shipowners will not be held liable unless the damage concerned is a loss of profits from the impairment of the environment or cost of reasonable reinstatement measures of the environment actually taken or to be taken.

Other persons, for example servants or agents of the shipowner, persons employed on board the ship or persons performing salvage operations and taking preventive measures, may also be held liable for such damage if they did an act or omitted to do an act intentionally to cause damage or recklessly knowing that the

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